Current Status Bill Number:3123 Type of Legislation:General Bill GB Introducing Body:House Introduced Date:19950110 Primary Sponsor:R. Smith All Sponsors:R. Smith, Kelley Drafted Document Number:BBM\9705JM.95 Companion Bill Number:3231 Residing Body:Senate Current Committee:Transportation Committee 15 ST Date of Last Amendment:19950427 Subject:Motor vehicle registration confiscation
Body Date Action Description Com Leg Involved
______ ________ _______________________________________ _______ ____________
Senate 19950501 Introduced, read first time, 15 ST
referred to Committee
House 19950428 Read third time, sent to Senate
House 19950427 Unanimous consent for third
reading on the next Legislative day
House 19950427 Amended, read second time
House 19950427 Objection withdrawn by Representative Scott
Williams
Breeland
Anderson
House 19950427 Objection by Representative Scott
Inabinett
Williams
Moody-
Lawrence
Lloyd
Anderson
Breeland
House 19950427 Reconsidered vote whereby
debate was adjourned until
Tuesday, 19950502
House 19950427 Debate adjourned until
Tuesday, 19950502
House 19950426 Debate adjourned until
Thursday, 19950427
House 19950419 Committee report: Favorable with 26 HLCI
amendment
House 19950110 Introduced, read first time, 26 HLCI
referred to Committee
House 19941221 Prefiled, referred to Committee 26 HLCI
View additional legislative information at the LPITS web site.
Indicates Matter Stricken
Indicates New Matter
AMENDED
April 27, 1995
H. 3123
S. Printed 4/27/95--H.
Read the first time January 10, 1995.
TO AMEND SECTION 56-10-45, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND LICENSE PLATES, SO AS TO DELETE CERTAIN PROVISIONS REGARDING THE CONFISCATION OF MOTOR VEHICLE REGISTRATION CERTIFICATES AND PLATES AND PROVISIONS REGARDING THE REINSTATEMENT FEE, THE PER DIEM FINE, AND OTHER MONETARY PENALTIES; AND TO REPEAL SECTIONS 38-77-175 AND 56-7-12, RELATING TO VERIFICATION OF AUTOMOBILE INSURANCE COVERAGE UPON THE ISSUANCE OF A TRAFFIC TICKET.
Amend Title To Conform
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. The 1976 Code is amended by adding:
"Section 38-77-176. On the uniform traffic ticket there must be a statement to verify insurance coverage or box to check whereby the insurance coverage of an owner or operator ticketed for a moving violation by an officer can be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage as required by Sections 38-77-175 and 56-7-12. The provisions of this section shall fulfill the requirements of Sections 38-77-175 and 56-7-12."
SECTION 2. Section 38-77-175 of the 1976 Code, as added by Act 113 of 1993, is amended to read:
"Section 38-77-175. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation Safety.
(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it court adjudicating the traffic ticket for a moving violation when he tenders payment of any fine or bond, or appears in court, regarding this moving violation offense, or at the time of any other disposition of the ticketed offense. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured. In addition to any other penalties provided by this section or by law for a person owning or operating an uninsured motor vehicle, failure of the owner or operator of the vehicle to return this insurance verification form as required by this section shall result in a one hundred dollar fine which must be collected and distributed pursuant to Sections 14-1-205 through 14-1-208.
(C) The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."
SECTION 3. Section 56-7-12 of the 1976 Code, added by Act 113 of 1993, is amended to read:
"Section 56-7-12. (A) When the operator or owner of an individual private passenger automobile as defined in Section 38-77-30(5.5) is issued a traffic ticket for a moving violation by a law enforcement officer, he must be furnished a written request form to be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage. The form must be in a manner prescribed by regulation of the Department of Highways and Public Transportation Safety.
(B) The completed and verified form must be returned by the operator or owner to the local law enforcement agency issuing the traffic ticket within fifteen days from the date he receives it court adjudicating the traffic ticket for a moving violation when he tenders payment of any fine or bond, or appears in court, regarding this moving violation offense, or at the time of any other disposition of the ticketed offense. Failure to return the form verified in the proper manner is prima facie evidence that the vehicle was uninsured. In addition to any other penalties provided by this section or by law for a person owning or operating an uninsured motor vehicle, failure of the owner or operator of the vehicle to return this insurance verification form as required by this section shall result in a one hundred dollar fine which must be collected and distributed pursuant to Sections 14-1-205 through 14-1-208.
(C) The director of the motor vehicle division of the department shall waive the reinstatement fee or per diem fine, or both, imposed upon the owner or operator of the motor vehicle pursuant to this section for his failure to complete and return the insurance verification form if he has liability insurance coverage when determined to be uninsured by the department. The director shall document his reasons for waiving the fees or fines in the records of the department.
(D) No person knowingly may furnish or aid another in the submission of false or misleading information in the completed and verified form. A person who knowingly furnishes or aids another in submitting false or misleading information regarding the verification of liability insurance is subject to the penalties in Section 56-10-260.
(E) This section applies only to owners and operators of motor vehicles registered under the laws of South Carolina.
(F) Motor vehicles determined to be uninsured under this section are subject to Sections 56-10-240 and 56-10-245.
(G) The operator of the motor vehicle shall present the written request form for verification of liability insurance coverage to the owner of the vehicle. Failure by the operator to give the form to the owner is prima facie evidence that the operator knowingly furnished false and misleading information to the department.
However, the form must have the following sentence on its face in bold type, all capitals, and large print: `THE OWNER OR OPERATOR OF A MOTOR VEHICLE WHO IS ISSUED THIS FORM SHALL COMPLETE AND RETURN THE FORM TO THE ISSUING AGENCY WITHIN FIFTEEN DAYS OR IS SUBJECT TO A TWO HUNDRED DOLLAR REINSTATEMENT FEE AND FIVE DOLLAR A DAY FINE PURSUANT TO SOUTH CAROLINA LAW. IF YOU ARE NOT THE OWNER OF THE MOTOR VEHICLE, YOU SHALL PRESENT THIS FORM TO THE OWNER OR YOU ARE SUBJECT TO FINE AND IMPRISONMENT.' The officer shall read aloud this sentence to the owner or operator of the motor vehicle upon furnishing the written request form to verify liability insurance coverage."
SECTION 4. The 1976 Code is amended by adding:
"Section 56-7-13. On the uniform traffic ticket there must be a statement to verify insurance coverage or box to check whereby the insurance coverage of an owner or operator ticketed for a moving violation by an officer can be completed by him and his insurance company or the agent issuing the policy to verify liability insurance coverage as required by Sections 38-77-175 and 56-7-12. The provisions of this section shall fulfill the requirements of Sections 38-77-175 and 56-7-12."
SECTION 5. In addition to any other penalties provided by law, any violation where a person is found guilty of not having liability insurance coverage shall be fined a penalty not less than $200.00.
SECTION 6. This act takes effect upon approval by the Governor.